What is the significance of the order of reexamination proceedings in merged cases?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The order of reexamination proceedings in merged cases is significant because it determines the numbering and record-keeping for the combined examination. According to MPEP 2686.01:

“The proceedings will be merged pursuant to the procedures set forth in the MPEP to proceed as a single merged proceeding using the number of the proceeding first ordered to reexamination (lowest number) as the merged proceeding number.”

This means that:

• The lowest numbered reexamination becomes the primary number for the merged proceeding.
• All subsequent actions and correspondence will use this number.
• The record of the merged proceeding will contain the records of all the merged proceedings.

This system ensures consistency and clarity in the examination process, especially when multiple parties or requests are involved.